MATTER OF COHEN v. SILVA


228 A.D.2d 593 (1996)

644 N.Y.S.2d 754

In the Matter of Aaron Cohen et al., Respondents, v. Gaston Silva et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 17, 1996


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the petitioners' motion which was to remit the matter to the Board of Standards and Appeals of the City of New York is denied, and the proceeding is dismissed.

Initially, we note that the Supreme Court improvidently exercised its discretion in remitting this matter without explaining the grounds upon which the remittitur was made. In any event, this matter need not...

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